Child Endangerment Charges in California: Penal Code 273a PC
If you are facing allegations of child endangerment in Los Angeles or Southern California, the consequences can be life-altering.
Under California Penal Code 273a PC, child endangerment is defined as willfully exposing a child under the age of 18 to unjustifiable pain, suffering, or danger.
Unlike many other criminal charges, you can be convicted of child endangerment even if the child never sustained an actual injury.
The prosecution only needs to prove that you subjected the child to an unreasonable risk of harm.
Understanding the domestic violence court process in Los Angeles can help you protect your rights and avoid mistakes that could harm your future.
Your best hope for a favorable outcome is with a highly experienced criminal defense attorney at Esfandi Law Group. To schedule a free consultation, call (310) 274-6529 or contact us here.
Common Examples of Child Endangerment
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Leaving a loaded firearm in a location accessible to a child.
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Operating a vehicle under the influence (DUI) with a minor passenger.
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Leaving a young child unattended in a dangerous environment.
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Failing to seek medical attention for a child with a serious illness or injury.
How is PC 273a Child Endangerment Defined?
California law provides a broad definition to protect minors. Under PC 273a, prosecutors can file charges if an individual:
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Willfully causes or permits a child to suffer.
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Inflicts unjustifiable physical pain or mental suffering.
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While having care or custody of a child, willfully causes or permits the child's person or health to be injured.
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Willfully causes or permits a child to be placed in a situation where their person or health is endangered.
Note: "Great Bodily Injury" (GBI) refers to a significant or substantial physical injury. If the risk involved GBI or death, the penalties increase significantly.
While these cases often involve parents, any adult who has care or custody of a child can be charged under this statute.
Penal Code 273ab: Protecting Children Under Eight
While PC 273a applies to all minors, Penal Code 273ab PC imposes much stricter punishments for crimes against children under the age of eight. This statute specifically targets assaults by a caretaker that result in:
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The death of the child.
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The child is becoming comatose due to a brain injury.
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Permanent paralysis.
Under PC 273ab, "paralysis" is defined as a major or complete loss of motor function resulting from injury to the nervous system or muscular mechanism.
Penalties and Sentencing for Child Endangerment
Domestic violence penalties often include mandatory probation, protective orders, counseling obligations, and significant collateral consequences that can affect many areas of your life.
The penalties for a conviction are severe and depend on whether the conduct involved a risk of "great bodily harm or death."
California Penal Code 136.2 PC authorizes courts to issue criminal protective orders, known as CPOs, in cases involving domestic violence, threats, harassment, stalking, sexual assault, child abuse, and related offenses.
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Charge Type |
Potential Jail/Prison Time |
Other Penalties |
| Misdemeanor PC 273a | Up to 1 year in county jail | Fines, probation, and counseling |
| Felony PC 273a | 2, 4, or 6 years in state prison | Potential "Strike" under Three Strikes Law |
| PC 273ab (Death) | 25 years to life in prison | Felony conviction |
| PC 273ab (Paralysis/Coma) | Life in prison | Possibility of parole |
Judicial diversion, as outlined in California Penal Code 1001.95, enables a judge to suspend a criminal case and divert a defendant into a program rather than proceed with prosecution.
In some cases, prosecutors may agree to reduce domestic violence charges through plea negotiations.
Probation Requirements
If the court grants probation, the defendant must typically adhere to strict conditions, including:
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A minimum of 48 months of probation.
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A court-issued protective order or stay-away order.
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Completion of a one-year child abuser's counseling program.
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Mandatory drug and alcohol testing.
Strategic Defenses Against PC 273a Charges
At Esfandi Law Group, our Los Angeles criminal defense attorneys utilize several proven legal strategies to fight child endangerment charges:
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Lack of Willfulness: We argue that the situation was an accident and not a "willful" act of endangerment.
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Reasonable Child Discipline: California law permits parents to use reasonable corporal punishment. If the discipline was not "cruel or inhuman," it may not constitute child abuse or endangerment.
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False Accusations: It is unfortunately common for child endangerment allegations to arise from heated divorce or custody battles.
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Lack of Evidence: We challenge the prosecution's claim that the child was in a situation "likely" to produce great bodily harm.
Related Crimes to California Penal Code 273a PC
California Penal Code 273a makes it illegal to willfully place a child in a situation where their health or safety may be endangered. Depending on the circumstances, prosecutors often file additional or alternative charges.
Understanding related offenses is important because multiple counts can significantly increase potential penalties.
Penal Code 273d – Corporal Injury to a Child
Penal Code 273d applies when someone willfully inflicts cruel or inhuman corporal punishment resulting in a traumatic condition.
While 273a focuses on endangerment or risk of harm, 273d requires proof of actual physical injury.
This charge is typically filed when visible injuries such as bruises or fractures are present.
California law permits parents to use reasonable corporal punishment, such as spanking, as a form of discipline. However, the law draws a strict line between lawful discipline and illegal child abuse.
Penal Code 273ab – Assault on a Child Causing Death
This statute applies when force is used against a child under eight years old, resulting in death.
It is one of the most serious child-related charges in California and carries a potential sentence of 25 years to life.
Penal Code 273.5 – Corporal Injury to a Spouse or Cohabitant
If the alleged child endangerment occurs during a domestic violence incident, prosecutors may also file charges under Penal Code 273.5.
This charge applies when a spouse, cohabitant, or dating partner suffers a traumatic condition.
Penal Code 270 – Failure to Provide for a Child
Penal Code 270, the child neglect law, makes it a crime for a parent to willfully fail to provide their child with necessary food, clothing, shelter, or medical care.
While 273a often involves active conduct that poses a danger, PC 270 focuses on neglect by omission.
Penal Code 368 – Elder or Dependent Adult Abuse
If the alleged victim is not a child but an elderly or dependent adult, prosecutors may file charges under Penal Code 368 instead of 273a.
Both statutes involve abuse or endangerment of vulnerable individuals.
Vehicle Code 23152 – DUI With a Child Passenger
If a person is arrested for driving under the influence with a minor in the vehicle, prosecutors frequently add a child endangerment charge under PC 273a.
This combination significantly increases potential penalties.
According to California Vehicle Code 23152e VC, taxi, limousine, and ride-sharing drivers are prohibited from operating a vehicle with a blood alcohol concentration (BAC) of 0.04 percent or higher when a paying passenger is present.
Penal Code 12022.7 – Great Bodily Injury Enhancement
If a child suffers serious injury, prosecutors may seek a great bodily injury enhancement.
This enhancement can add additional prison time beyond the base sentence.
Penal Code 186.22 – Gang Enhancement
In cases involving alleged gang activity, prosecutors may add gang enhancements, which can substantially increase sentencing exposure.
Frequently Asked Questions (FAQs)
1. Can I be charged with child endangerment if my child wasn't hurt?
Yes. PC 273a focuses on the risk of harm. If the environment or your actions created a situation where the child could have been seriously injured, you can be charged.
2. Is child endangerment a "Strike" in California?
If you are convicted of felony child endangerment involving great bodily injury, it is considered a violent felony and counts as a strike under California's Three Strikes Law.
3. What is the difference between child abuse and child endangerment?
Child abuse (PC 273d) typically involves the actual infliction of physical injury or cruel punishment. Child endangerment (PC 273a) is broader and includes placing a child in a dangerous situation, regardless of whether an injury occurred.
4. Can a conviction affect my professional license?
Yes. A conviction for child endangerment can lead to the suspension or revocation of teaching credentials, medical licenses, and other professional certifications.
Contact a Top-Ranked Los Angeles Defense Firm
A child endangerment arrest can lead to devastating consequences, including the loss of custody and years in prison. Eafandi Law Group is a top Southern California defense firm with decades of experience.
Schedule your free consultation at (310) 274-6529 or use the contact form here.